Car Accident FAQs
Car crash in Los Angeles? Injuries, damages, insurance complications – all of these can be overwhelming. Our experienced lawyers are familiar with California laws and the tactics of insurance companies. We fight for the maximum compensation you deserve – medical expenses, lost earnings, pain and suffering. Do not settle for less than you deserve. Call today – we only pay if we win your case. Los Angeles car accident lawyers answers all your questions free of charge.
What to do after a car accident?
After a car accident, first calm down and move the vehicle to a safe location with the blinkers on. Call the police, especially if there are injuries or major property damage. While waiting for the police, take photographs of the vehicle’s position, damage, and the general road situation. Share information with the other driver, including name, phone number, vehicle registration, and insurance information. Try to get in touch with the witnesses, as their statements may be helpful later. Even if you feel well, a medical check-up is recommended because some symptoms may not appear until later. Contact your insurance company as soon as possible to report an accident, but carefully consider hiring a lawyer before making detailed statements.
If you are involved in a traffic accident in California involving injuries or major property damage, you are legally required to report the accident to the California Department of Motor Vehicles (DMV) using the SR-1 Report form within 10 days. You must report an accident if anyone is injured, even in the case of minor injuries, as well as if the property damage exceeds $1,000. This report obligation is very important because failure to do so can have serious legal consequences.
What NOT to do?
Do not admit fault on the spot, as it may be used against you in further legal actions. Stick to facts that you are sure of, and do not speculate about what happened. Avoid conversations with the other party’s insurance company without a lawyer, and do not sign documents other than those requested by the police.
What are 90% of car accidents caused by?
According to statistics, human error is the cause of about 90% of traffic accidents. The most common causes are driving under the influence of alcohol or drugs, speeding, failing to obey traffic signs and signals, driving in a state of fatigue, using a cell phone while driving, and driving aggressively. Other significant factors that can increase the number of car accidents are bad weather conditions, not maintaining a safe distance from other vehicles and inexperience of young drivers. A very small percentage of accidents are caused by mechanical failures or poor road conditions in California, indicating that a large number of accidents can be prevented by responsible driving.
Does car insurance pay for accidental death?
Car insurance in California may provide benefits for accidental death but it depends on the type of coverage you have and the circumstances of the accident. How different types of insurance provide protection?
Liability Insurance (Covers Others)
If you cause a fatal accident, your liability insurance required by California law pays for the deceased person’s medical bills, funeral expenses lost income and other damages up to your policy limits. California’s minimum required liability coverage is:
- $15,000 for injury or death of one person
- $30,000 for injury or death of multiple people
Uninsured/Underinsured Motorist Coverage (UM/UIM) (Covers You)
If you or your passengers die in an accident caused by a driver without sufficient insurance, your UM/UIM coverage (if you purchased it) can pay death benefits to your family. This coverage is optional in California but highly recommended.
Medical Payments (MedPay) and Personal Injury Protection (PIP)
MedPay, an optional add-on, can help cover funeral expenses in wrongful death case for you and your passengers regardless of fault, up to the policy limits. PIP, though less common in California, may also include death benefits in some policies.
Accidental Death & Dismemberment Insurance (AD&D)
Some insurers offer AD&D as a separate add-on policy that pays a lump sum if you die in a car accident. This is not part of standard auto insurance.
Life Insurance vs. Auto Insurance
Auto insurance doesn’t replace life insurance. For guaranteed death benefits to your loved ones regardless of accident fault or type, a separate life insurance policy is necessary.
What defines a minor crash?
A minor traffic accident is defined as an incident in which there are no injuries and the material damage is relatively minor. In California, an accident is considered minor if the damage to the vehicles does not exceed $1,000 and if there are no bodily injuries. Usually, these are minor parking lot injuries, scratches, small bumper dents or damage to the headlights. Such accidents can often be resolved amicably between the drivers without the involvement of the police, provided that both drivers agree on how the accident occurred. However, it is recommended to document the accident with photographs and to sign the agreement in writing so that any disputes can be resolved later.
How bad does an accident affect your insurance?
Personal auto insurance does not cover Uber drivers while actively using the app, unless the driver has added a special endorsement. Most standard policies have a commercial activity exclusion clause, meaning that an insurer can deny your claim if you used the vehicle for commercial purposes. This applies even if the driver has not yet accepted the ride.
Commercial exclusion:
Standard auto insurance policies automatically exclude commercial use.
Insurers can deny a claim as soon as they discover Uber activity.
This applies even when the app is just running in the background, waiting for ride requests.
Some major insurers, like State Farm and Progressive, offer rideshare endorsements that provide limited protection during periods when Uber’s own insurance doesn’t fully apply.
What to do after a car accident that is not your fault?
Even if the accident wasn’t your fault it’s important to handle things the right way to protect yourself. First move to a safe place and call 911 so the police can come and make an official report. Take plenty of photos of the damage, the accident scene, and license plates. Exchange contact and insurance information with the other driver, but avoid talking about who was at fault or apologizing.
Try to get contact information from any witnesses. Even if you feel okay, get checked by a doctor because some injuries show up later. Report the accident to your insurance company and stick to the facts. Keep detailed records of all conversations, medical bills, repair estimates and other expenses.
Never sign anything or accept a settlement offer from the other driver’s insurance company without talking to a lawyer first those initial offers tend to be lower than what you deserve. Remember, the insurance of the driver who caused the accident should pay for your car repairs, medical treatment, lost wages, and any pain and suffering you experience.
What is considered a bad car accident?
A bad car accident is typically defined as one involving serious injuries, fatalities, or extensive property damage. This includes crashes where someone is hospitalized, suffers permanent disabilities, or dies. High-speed collisions, head-on crashes, rollovers, and multi-vehicle pile-ups are generally considered severe accidents. Accidents involving drunk driving, reckless behavior, or hit-and-run situations also fall into this category.
Legally bad accidents often bring criminal charges, especially if someone clearly broke traffic laws or was very careless. The damage to cars is usually so bad that repairs cost tens of thousands of dollars or the vehicles are totaled. These accidents require detailed police investigations and may involve specialists who study the crash. They also lead to complicated insurance claims and sometimes lawsuits.
The effects of a bad accident go far beyond the immediate damage. People often face long-term medical care, permanent changes to their daily lives, and heavy financial strain. Insurance companies pay close attention to these cases, which can cause big increases in insurance premiums or even cause policies to be canceled.
How long does it take to emotionally recover from a car accident?
The time it takes to emotionally recover from a car accident varies a lot from person to person and depends on how serious the accident was. For some especially after minor accidents feelings like anxiety or shock may last only a few days or weeks. For others who went through a severe crash, emotional effects can last much longer.
People often experience shock, anxiety, fear of getting back in a car, flashbacks, nightmares or panic attacks. Some may develop post-traumatic stress disorder (PTSD), which usually requires professional help and makes recovery take longer. How quickly someone recovers depends on things like the seriousness of the accident any injuries, past mental health, support from family and friends and whether they get treatment from a counselor or therapist.
Most people start feeling better within 3 to 6 months if they have the right support. However full recovery from a serious accident can sometimes take one to two years. If emotional symptoms last for several months or start to interfere with everyday life, it’s a good idea to seek professional help, which can make a big difference in healing.
What is the legal definition of a vehicle accident?
According to federal law under 49 USC 30166, a motor vehicle accident is legally defined as “an occurrence associated with the maintenance or operation of a motor vehicle or motor vehicle equipment resulting in personal injury, death, or property damage.” More broadly, a traffic accident is defined as a collision involving one or more vehicles, which can also involve other moving objects such as pedestrians or cyclists, as well as fixed objects like trees, walls, or parked vehicles.
What is the most common injury in a car accident?
Whiplash is one of the most common injuries resulting from car accidents. It occurs when the head is suddenly jerked forward and then backward, straining the neck muscles and ligaments. Symptoms include neck pain, stiffness, headaches, dizziness, and sometimes memory problems or sleep disturbances. While many people recover within a few months, some may experience chronic pain. Head and brain injuries can range from mild concussions to serious traumatic brain damage, with symptoms like dizziness and memory problems. Back and spine injuries, including herniated discs and spinal cord damage, may cause long-term pain or paralysis. Broken bones are frequent, especially in the arms, legs, ribs, and pelvis, and often require immobilization or surgery. Soft tissue injuries such as strains, sprains, and bruises affect muscles, tendons, and ligaments, sometimes causing lasting discomfort. Chest injuries like broken ribs or bruised lungs happen when drivers hit the steering wheel or airbags during a crash. Beyond physical harm, many people suffer psychological effects including anxiety, depression, or PTSD that can persist long after the accident. It is important to get medical attention immediately after an accident, even if injuries are not obvious, as some symptoms may develop later.
Who is at fault in a car accident in California?
California follows a “pure comparative negligence” system when determining fault in car accidents. This means that fault can be divided between multiple parties based on their percentage of responsibility for the crash. Even if you’re partially at fault, you can still recover damages, but your compensation will be reduced by your percentage of fault.
For example, if you’re found 30% at fault for an accident and your damages total $10,000, you would receive $7,000 (reduced by your 30% responsibility). The other driver would be responsible for 70% of your damages. This system is different from some states that bar recovery if you’re more than 50% at fault.
Who pays for a car accident in California?
In California, the at-fault driver’s insurance pays for damages since the state uses a fault-based system. The responsible driver’s liability insurance covers the other party’s vehicle repairs, medical bills, lost wages, and related costs up to their policy limits.
California requires minimum liability coverage of $15,000 per person for injuries, $30,000 total for multiple injuries, and $5,000 for property damage.
These amounts are often not enough to cover the costs of serious accidents. If the driver who caused the accident doesn’t have insurance or doesn’t have enough coverage your own insurance may provide help. Uninsured motorist coverage applies when the other driver has no insurance, and underinsured motorist coverage applies when their coverage limits are too low. Collision coverage will pay for damage to your car regardless of who caused the accident, though you will have to pay your deductible.
When more than one driver is at fault each insurance company pays according to their driver’s share of responsibility. If insurance doesn’t cover all the costs, you may need to sue the driver who caused the accident, but getting money from uninsured drivers can be difficult.
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